News from the New York State and Local Retirement System

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For NYSLRS members who participated in the World Trade Center rescue, recovery or clean-up efforts, the deadline to reserve your rights under the World Trade Center Presumption Law has been extended.

The new deadline is September 11, 2022.

What is the World Trade Center Presumption Law?

The World Trade Center Presumption Law provides a presumption to eligible NYSLRS members and retirees who become permanently disabled and are unable to do their jobs due to certain conditions, that they can claim their permanent disabilities are the result of participation in World Trade Center rescue, recovery or clean-up operations. The presumption will apply unless it’s proven the condition was the result of other factors.

Many of us dream about retirement, but not one of us pictures leaving the workplace because we can’t perform our duties anymore. Yet the truth is debilitating medical conditions do happen. Though we hope you never have to use them, NYSLRS members have certain benefits available should you become permanently disabled from performing the duties of your job.

This post is an overview of common disability benefits and how to file for them. It is important to review your retirement plan booklet for specific benefit and eligibility information, and contact us with any questions you have, before you file an application.

Benefits

Most members are eligible for what’s called an ordinary disability retirement benefit. Usually, it provides whichever is greater:

1.66 percent of your final average salary (FAS) for each year of credited service; or

1.66 percent of your FAS for each year of credited service, plus 1.66 percent of your FAS for each year of service you might have earned before age 60, up to one-third of your FAS.

To qualify for an Article 15 disability retirement benefit, you must have at least ten years of credited service, unless your disability results from an accident you sustain on the job. If your disability results from an on-the-job accident, not due to your own willful negligence, there is no minimum service requirement.

Some members have plans that may provide an accidental disability retirement benefit. The benefit amount varies depending on your system (Employees Retirement System or Police and Fire Retirement System), tier and plan. It’s a lifetime benefit, but may be reduced by amounts received from workers’ compensation or Social Security. There is no minimum service requirement for an accidental disability retirement.

“Accident” has a special meaning when used in connection with Retirement System disability benefits. Whether an incident is an “accident” is determined on a case by case basis, using court decisions for guidance.

Members of the Police and Fire Retirement System as well as some members of the Employees Retirement System, such as sheriffs and correctional officers, may be entitled to a performance-of-duty disability benefit. The benefit amount and eligibility requirements vary depending on your system, tier and plan.

Filing

You, your employer, or someone you authorize may file a disability application on your behalf. If you think you might be eligible for a disability retirement, you may want to file your application sooner, rather than later, because there are strict filing deadlines that must be met. If you meet the requirements for a service retirement too, you can apply for both at the same time. If your disability application is approved, you will be able to choose which benefit you accept.

World Trade Center Presumption

If you participated in World Trade Center rescue, recovery or clean-up operations, you may be eligible to apply for a benefit under the World Trade Center Presumption Law. The deadline for members to file a notice with NYSLRS has been extended to September 11, 2018.

Meeting filing requirements and submitting medical documents are key

A disabling condition can happen to anyone at any time. As a member of the NYSLRS, you may be eligible for a disability retirement if you become disabled and unable to work.

Disability benefits are based on your tier and retirement plan. The eligibility and filing requirements can vary too. Most members with 10 or more years of service credit can apply for an ordinary (non-job-related) disability benefit, and in some circumstances, your employer can file for you. If you become disabled due to a job-related accident, there’s no minimum service required.

If you decide to file for a disability retirement, please remember to keep the following in mind:

Make Sure We Have Your Medical Documentation

If your application meets the filing requirements, we will request medical reports from the doctors and treatment facilities you listed on your application. We may also ask you to make an appointment, paid for by NYSLRS, with one or more independent medical examiners whose specialty relates to your disability.

A medical or administrative review board will then make a determination about your eligibility.

If you aren’t approved for a disability retirement, you may request an administrative hearing and redetermination within four months from the date of denial. This gives you an opportunity to provide more evidence to support your request for disability benefits.

Because of the multiple steps that can be involved in the process, these cases typically take longer than regular retirement cases. So, since it may take some time to process your application, we encourage you to file the application while you are still on the payroll. This can help minimize any financial hardship you may encounter during the time it takes to process your application.